Software Freedom Law Center files more BusyBox GPL infringement suits

The Software Freedom Law Center has filed two new GPL infringement lawsuits …

The Software Freedom Law Center (SFLC) has filed what it describes as a "second round" of General Public License (GPL) infringement lawsuits against companies that are allegedly using BusyBox without complying with the terms of the license. In the filings, which target Xterasys and High-Gain Antennas, the SFLC requests injunctions and asks that damages and litigation costs be awarded to the BusyBox developers.

BusyBox is a lightweight collection of standard Linux command-line utilities bundled together in a single executable. The developers of BusyBox distribute the source code under the GPL, a copyleft license which broadly grants end users the right to modify and redistribute source code and requires that derivatives are made available under the same license. BusyBox is widely used in embedded computing environments and is included in a wide range of commercial products.

The vast majority of companies that use BusyBox comply with the licensing requirements and make source code available. Amazon, for instance, which uses BusyBox in the new Kindle e-book reader, makes its changes to the source code publicly available. Although most of the companies that use BusyBox respect the licensing requirements associated with the software, not all are willing to play by the rules.

In September, the SFLC filed suit against Monsoon Multimedia for GPL infringement when the company admitted that it was using BusyBox but declined to adhere to the license. That case was eventually settled outside of court and ended with Monsoon agreeing to comply and financially compensating the BusyBox developers.

The SFLC's latest lawsuits on behalf of BusyBox are a lot like the Monsoon suit. According to the SFLC, both companies were contacted several times prior to the filing of the lawsuit. "When we learn of an instance of GPL infringement, we prefer to work with the company involved to help them come into compliance," said SFLC legal director Dan Ravicher in a statement. "If they are unwilling to work with us, then our only choice is to go to court to ensure that they respect the GPL."

It is very likely that these lawsuits will settle out of court, just like the Monsoon case. High-Gain Antennas has published a statement on their web site affirming their willingness to make source code available upon request in compliance with the GPL, which makes it seem unlikely that further legal action will need to be taken against that company.